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Send Additional info & request reassessment or just go to Tribunal?
- Sarah
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2 days 1 hour ago #305259 by Sarah
Send Additional info & request reassessment or just go to Tribunal? was created by Sarah
Hello,
My Mandatory reconsideration failed but I've still been compiling information.
Should I now send it as 'change and new info' and request a reassessment or just go to Tribunal, or both?
My Mandatory reconsideration failed but I've still been compiling information.
Should I now send it as 'change and new info' and request a reassessment or just go to Tribunal, or both?
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- LL26
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1 day 22 hours ago #305276 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Send Additional info & request reassessment or just go to Tribunal?
Hi Sarah,
Presumably the information you have is for the same health condition/s stated on your claim or renewal form? Is this for PIP?
If the info is about existing health problems, or an update (eg previous you had leg that that reduced your walking ability, but now you've had further xrays etc and it is now clear that the leg pain is coming from a damaged disc resting on the nerves in your back,) then I would suggest that you appeal to the tribunal - the reasoning being that this is not a change of circumstances and if the appeal is successful you will be able to get backdated pay to the start of the claim or when the claim was renewed and or reviewed.
However, if you now have info relating to a completely new condition, unrelated to existing ones, then assuming you already have an award you should ask DWP to revise the decision based on the change of circs. In this case you will only be able to get backdated pay from either the date you notified DWP, or possibly a little earlier when you noticed the change, especially if eg being in hospital caused a delay in reporting. However, with a new condition you will have to show that you have had the health problem for at least 3 months and it is likely to remain for a further 9 months.
If an existing health problem has now become worse, since the MR decision you don't need to prove the past 3months but will still need to contact DWP to ask for them to revise their decision. This can't be dealt with by the tribunal as they can only deal with the situation at the time of the original and MR decision.
If the info is about something that can go to appeal at the tribunal, there is no need to contact DWP again. As soon as you lodge the appeal they should consider the appeal and any new evidence with it. This often gives rise to a further revised decision. If the newly revised decision is favourable, especially if it provides the maximum benefit amount relating to your circumstances, the appeal will lapse and DWP will start paying the appropriate amount. If DWP feel they can offer somewhat more benefit, they may still revise the award and start payments, you can then accept this and do nothing or ask for the appeal to be reinstated and see what happens at tribunal.
You can appeal online using the 'online SSCS1' - google this. If you write a full 'grounds of appeal' and reference the new evidence it is likely this could persuade DWP to revise the award as described above. However, there is a weird formatting glitch with the online form and the Grounds Of Appeal comes out in one very long paragraph with no gaps. Best to type or handwrite on a separate page and upload as separate document.
I normally have a couple of paragraphs giving and overview of your health, important diagnoses, treatments etc. - say if they worked - then if you have already seen the assessment report try and work out the major criticisms to place into 4 or 5 bullet points and give examples. (Don't worry if you haven't seen this you will get a copy in the appeal papers when sent out approx 4-6 weeks after the appeal is lodged.) Then go through each descriptor - if you agree with DWP say so - maybe you though a higher value should have been scored in any section - say so - (Regulation 7 requires the higher value to be scored if 2 or more tasks in the same descriptor set apply equally.) Say what you should have scored. You can provide a more focussed assessment critique here if ned be. Again give examples of what goes wrong etc, reference medical evidence etc (Do this even if sent in previously as it is likely DWP have ignored this.)
You should lodge the appeal within 1 month of MR date. Try not to be late, however if you are ill, or there is another very good reason why you are late then you may still be able to appeal late.
I hope this helps.
LL26
Presumably the information you have is for the same health condition/s stated on your claim or renewal form? Is this for PIP?
If the info is about existing health problems, or an update (eg previous you had leg that that reduced your walking ability, but now you've had further xrays etc and it is now clear that the leg pain is coming from a damaged disc resting on the nerves in your back,) then I would suggest that you appeal to the tribunal - the reasoning being that this is not a change of circumstances and if the appeal is successful you will be able to get backdated pay to the start of the claim or when the claim was renewed and or reviewed.
However, if you now have info relating to a completely new condition, unrelated to existing ones, then assuming you already have an award you should ask DWP to revise the decision based on the change of circs. In this case you will only be able to get backdated pay from either the date you notified DWP, or possibly a little earlier when you noticed the change, especially if eg being in hospital caused a delay in reporting. However, with a new condition you will have to show that you have had the health problem for at least 3 months and it is likely to remain for a further 9 months.
If an existing health problem has now become worse, since the MR decision you don't need to prove the past 3months but will still need to contact DWP to ask for them to revise their decision. This can't be dealt with by the tribunal as they can only deal with the situation at the time of the original and MR decision.
If the info is about something that can go to appeal at the tribunal, there is no need to contact DWP again. As soon as you lodge the appeal they should consider the appeal and any new evidence with it. This often gives rise to a further revised decision. If the newly revised decision is favourable, especially if it provides the maximum benefit amount relating to your circumstances, the appeal will lapse and DWP will start paying the appropriate amount. If DWP feel they can offer somewhat more benefit, they may still revise the award and start payments, you can then accept this and do nothing or ask for the appeal to be reinstated and see what happens at tribunal.
You can appeal online using the 'online SSCS1' - google this. If you write a full 'grounds of appeal' and reference the new evidence it is likely this could persuade DWP to revise the award as described above. However, there is a weird formatting glitch with the online form and the Grounds Of Appeal comes out in one very long paragraph with no gaps. Best to type or handwrite on a separate page and upload as separate document.
I normally have a couple of paragraphs giving and overview of your health, important diagnoses, treatments etc. - say if they worked - then if you have already seen the assessment report try and work out the major criticisms to place into 4 or 5 bullet points and give examples. (Don't worry if you haven't seen this you will get a copy in the appeal papers when sent out approx 4-6 weeks after the appeal is lodged.) Then go through each descriptor - if you agree with DWP say so - maybe you though a higher value should have been scored in any section - say so - (Regulation 7 requires the higher value to be scored if 2 or more tasks in the same descriptor set apply equally.) Say what you should have scored. You can provide a more focussed assessment critique here if ned be. Again give examples of what goes wrong etc, reference medical evidence etc (Do this even if sent in previously as it is likely DWP have ignored this.)
You should lodge the appeal within 1 month of MR date. Try not to be late, however if you are ill, or there is another very good reason why you are late then you may still be able to appeal late.
I hope this helps.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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